No human rights for residents of private care homes | Practical Law
In YL v Birmingham City Council and Ors [2007] UKHL 27, by a majority of 3:2 (Lord Bingham and Baroness Hale dissenting), the House of Lords held that a private care home did not perform functions of a public nature and, consequently, was not required to comply with Convention rights under section 6(1) Human Rights Act 1998 (the Act). The issue before the court was whether a private care home, in providing care and accommodation for the appellant, was exercising a public function for the purposes of section 6(3)(b) of the Act. This issue has attracted much public and academic debate and a number of parties intervened in the action including Help the Aged and Liberty.